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Keywords

defendantappealpleamotioncitizenshipnaturalizationappellant
defendantappealpleamotioncitizenshipnaturalizationappellant

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Yetisen; U.S. v.

Facts

Defendant-Appellant Sammy Yetisen appealed the district court's order that granted the government's motion for judgment on the pleadings, which resulted in the revocation of her citizenship. The government alleged that Yetisen illegally procured her citizenship due to her participation in the 1993 Trusina murders, claiming this precluded her from establishing the good moral character required for naturalization. The district court granted the government's motion regarding count four, but did not address count five.

Defendant-Appellant Sammy Yetisen appealed the district court's order that granted the government's motion for judgment on the pleadings, which resulted in the revocation of her citizenship. The government alleged that Yetisen illegally procured her citizenship due to her participation in the 1993 Trusina murders, claiming this precluded her from establishing the good moral character required for naturalization. The district court granted the government's motion regarding count four, but did not address count five.

Issue

Did the district court err in granting the government's motion for judgment on the pleadings regarding the good moral character requirement for naturalization?

Did the district court err in granting the government's motion for judgment on the pleadings regarding the good moral character requirement for naturalization?

Rule

Naturalization is 'illegally procured' if the applicant did not possess the statutory requirements for citizenship, including good moral character, at the time of naturalization. The relevant provisions apply to the five years immediately preceding the date of filing an application for naturalization.

Naturalization is 'illegally procured' if the applicant did not possess the statutory requirements for citizenship, including good moral character, at the time of naturalization. The relevant provisions apply to the five years immediately preceding the date of filing an application for naturalization.

Analysis

The court determined that the district court incorrectly applied provisions that bar establishing good moral character based on convictions or criminal acts committed during the statutory period. Since Yetisen had not been convicted of any crime as of her naturalization date, the relevant provisions did not apply. The court also noted that the government could not retroactively argue that Yetisen lacked good moral character based on conduct that occurred outside the statutory period.

The court determined that the district court incorrectly applied provisions that bar establishing good moral character based on convictions or criminal acts committed during the statutory period. Since Yetisen had not been convicted of any crime as of her naturalization date, the relevant provisions did not apply. The court also noted that the government could not retroactively argue that Yetisen lacked good moral character based on conduct that occurred outside the statutory period.

Conclusion

The Ninth Circuit reversed the district court's judgment and remanded the case for further proceedings.

The Ninth Circuit reversed the district court's judgment and remanded the case for further proceedings.

Who won?

Sammy Yetisen prevailed in the case because the court found that the district court had erred in its application of the law regarding good moral character and naturalization.

Sammy Yetisen prevailed in the case because the court found that the district court had erred in its application of the law regarding good moral character and naturalization.

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